United States v. Timothy Reed

U.S. Court of Appeals for the Eighth Circuit

United States v. Timothy Reed

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 17-3436 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Timothy S. Reed

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Western District of Missouri - Joplin ____________

Submitted: January 14, 2019 Filed: January 25, 2019 [Unpublished] ____________

Before SHEPHERD, KELLY, and GRASZ, Circuit Judges. ____________

PER CURIAM.

Timothy Reed directly appeals the sentence the district court1 imposed after he pleaded guilty to a firearm offense. His counsel has moved to withdraw, and in a

1 The Honorable M. Douglas Harpool, United States District Judge for the Western District of Missouri. supplemental brief submitted pursuant to Anders v. California, 386 U.S. 738 (1967), suggests that the district court improperly applied U.S.S.G. § 2K2.1(b)(6)(B) to calculate Reed’s advisory Guidelines range. We conclude that the district court did not rely on any clearly erroneous facts when it determined that Reed possessed the firearm in connection with another felony offense, and that the court’s application of section 2K2.1(b)(6)(B) was therefore proper. See United States v. Brooks, 648 F.3d 626, 629 (8th Cir. 2011) (per curiam) (providing standard of review). Having independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), we find no nonfrivolous issues for appeal. Accordingly, we grant counsel’s motion to withdraw and affirm the judgment of the district court. ______________________________

-2-

Reference

Status
Unpublished